To the right you will find general guidelines on key points regarding overtime, with links to some of the legislation. If you can't find the information you need or are wondering what your next step should be, we encourage you to visit our Get Help page.

Overtime

Overtime is based on the principle that employees will be paid an additional sum of money for working extra hours. All Canadian jurisdictions require that an employee be paid overtime for all hours worked beyond their standard work day or week. Overtime is usually calculated at 1.5 times the regular hourly rate of pay. In a few jurisdictions, such as New Brunswick and Newfoundland and Labrador, the overtime rate is based on the minimum wage.

Not all occupations and job classes are covered by overtime regulations. In some cases, “averaging agreements” adjust the standard by which overtime will be paid. An employer that has an averaging agreement must post it in the workplace.

In a number of jurisdictions overtime may be taken as time off at a later date.

Determining your rights regarding overtime can be a difficult task. It requires careful reading of the appropriate section(s) of legislation and corresponding regulations. In addition there are numerous exceptions and exemptions that may need to be considered.

British Columbia

• In British Columbia you may be entitled to overtime pay at 1.5 times your regular rate if you work beyond eight hours in a day or 40 hours in a week. You should be paid double your regular rate for every hour over 12 that you work in a day.

• Standard overtime rules do not apply in B.C. if you have an averaging agreement with your employer.

• You may take time off in lieu of overtime pay if you make a written request to your employer.

Federal

• If your employment is regulated by the Canada Labour Code, you are entitled to 1.5 times your regular wage for all hours worked in excess of eight in a day or 40 in a week.

• Overtime (OT) can be calculated on a daily or weekly basis. If there is a difference in the totals, you must be paid the higher amount.

For example: You work 10 hours on Monday (two hours OT), 12 hours on Tuesday (four hours OT), six hours on Wednesday, seven hours on Thursday and eight hours on Friday. You worked a total of 43 hours, which is three in excess of your 40-hour week. However, you put in six hours of overtime on Monday and Tuesday. You must be paid for six hours of overtime.

As an example of how it would work in your favour to calculate overtime on a weekly basis, say that you went in on Saturday of this same week and did an eight-hour shift. That would bring your total hours worked in the six-day week to 51, yielding 11 hours of overtime (in excess of the 40-hour week).

• Special regulations, averaging agreements or modified work schedules could affect overtime rules. For example, if yours is a compressed work week (four days, 10 hours a day) overtime would apply to any hours in excess of 10 in a day.

Ontario

• Overtime is paid at 1.5 your regular rate of pay for each hour worked over 44 in a week.

• Averaging agreements can change the requirements to pay overtime. You can have a written agreement with your employer — which must be approved by the Director of Employment Standards — to average out your hours over a period of two or more weeks. (If, for instance, you averaged out your hours over a four-week period, you would not be entitled to overtime until after you had worked 176 hours.)

• Piece work and commissioned employees are also entitled to overtime based on their average hourly rate.

Prince Edward Island

• In Prince Edward Island you are entitled to overtime at 1.5 times your regular hourly wage after having worked 48 hours in a week.

• Workers in certain occupations on P.E.I. are subject to different overtime regulations: For instance, ambulance drivers and community care facility workers are not entitled to overtime until after 60 hours a week. Heavy equipment operators and highway construction workers do not qualify for overtime until after 55 hours worked in a week.